U.S. Court of Appeals Rules Against the Texas Medical Board

[Guest guest]

http://news./s/usnw/20101206/pl_usnw/DC12690

U.S. Court of Appeals Rules Against the Texas Medical Board

TUCSON, Ariz., Dec. 6, 2010 /PRNewswire-USNewswire/ -- The U.S. Court of Appeals

for the Fifth Circuit has ruled against the Texas Medical Board (TMB), allowing

landmark litigation by the Association of American Physicians and Surgeon to

proceed to prove wrongdoing by the Board.

[ For complete coverage of politics and policy, go to Politics ]

Among the claims of " pervasive and continuing violations of... constitutional

rights " by the TMB, the Court expressly noted allegations that " the Board

manipulated anonymous complaints, " that the former Board president targeted

physicians, and that " anonymous complaints allegedly were filed by a New York

insurance company seeking to avoid paying... for claims. "

The unanimous Court described the allegations as " rather dramatic claims, " and

sent the case to the federal trial court so that discovery can proceed. The TMB

will no longer be able to conceal its wrongdoing against good physicians.

Physicians brought before a licensure board can be financially ruined by

unconstitutional proceedings, even if exonerated, or they can lose their

livelihood altogether. Instead of using their enormous power for the purpose of

protecting the public, board members can deprive thousands of patients of access

to good physicians simply because an anonymous complainant held a grudge against

the physician, or dislikes freedom in medicine.

TMB argued that only individual physicians had standing to sue. AAPS noted,

however, that individuals could not typically prove a pattern of abuse involving

other physicians. Moreover, physicians fear retaliation for complaining about

the Board.

The Court ruled that: " If practiced systemically, such abuses may have violated

or chilled AAPS members' constitutional rights. Proof of these misdeeds could

establish a pattern with evidence from the Board's witnesses and files and from

a small but significant sample of physicians. "

One Texas physician writes: " I can't tell you how fearful doctors are of the

TMB. Knowing that with each disgruntled employee, angry neighbor, or aggressive

competitor, we could lose our license, the practice of medicine has become one

of fear. Thank you for your fight, and I hope many physicians will be sleeping

more easily... at least in Texas! "

AAPS is a national organization representing physicians in all specialties. The

entire decision ( http://www.aapsonline.org/tmb/tmb-12-02-2010.pdf) is

available, as are the complaint, other documents, and a link to an audio

recording of the oral argument ( http://www.aapsonline.org/hallofshame/tx.php).

SOURCE Association of American Physicians and Surgeons (AAPS)

For more details,

http://www.bolenreport.com/feature_articles/AAPS%20Wallops%20Texas%20Medical%20B\

oard.htm